Senate Bill S3277

2011-2012 Legislative Session

Includes harassment, sexual misconduct, forcible touching, sexual abuse, stalking and criminal mischief within offenses which may constitute domestic violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S3277 (ACTIVE) - Details

See other versions of this Bill:
S4222 ,
A627 ,
Law Section:
Social Services Law
Laws Affected:
Amd ยง459-a, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S7496

2011-S3277 (ACTIVE) - Summary

Includes aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, criminal obstruction of breathing or blood circulation,and strangulation within the criminal offenses which may constitute domestic violence for the purposes of domestic violence prevention; and includes unrelated persons in an "intimate relationship" within the definition of "family or household members" for purposes of domestic violence prevention.

2011-S3277 (ACTIVE) - Sponsor Memo

2011-S3277 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3277

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to the  definitions
  of  "victim  of  domestic violence" and "family and household members"
  for the purposes of domestic violence prevention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  1  and  2  of  section  459-a of the social
services law, as added by chapter 838 of the laws of 1987,  are  amended
to read as follows:
  1.    "Victim  of  domestic violence" means any person over the age of
sixteen, any married person or any parent  accompanied  by  his  or  her
minor  child  or  children  in  situations  in which such person or such
person's child is a victim of an act which would constitute a  violation
of the penal law, including, but not limited to acts constituting disor-
derly  conduct,  harassment,  AGGRAVATED  HARASSMENT, SEXUAL MISCONDUCT,
FORCIBLE TOUCHING, SEXUAL ABUSE, STALKING, CRIMINAL MISCHIEF,  menacing,
reckless  endangerment,  kidnapping,  assault,  attempted  assault, [or]
attempted murder, CRIMINAL OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCU-
LATION, OR STRANGULATION; and
  (i)    such  act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional  harm
to such person or such person's child; and
  (ii)   such act or acts are or are alleged to have been committed by a
family or household member.
  2.  "Family or household members" mean the following individuals:
  (a)  persons related by consanguinity or affinity;
  (b)  persons legally married to one another;
  (c)  persons formerly married to one  another  regardless  of  whether
they still reside in the same household;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03080-01-1

              

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